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HomeMy WebLinkAbout19740909_regularMINUTES OF THE REGULAR MEETING OF THE SEPTEMBER 9, 1974 ‘ EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY &- 0 00 p? W W Members answering rollcall were Councflmen Courgney and Shaw, Councilwoman Schmidt and Mayor :Van Valkenburg. Minutes of August 5 and 19, 1974, were approved as submitted by motion of Council- woman Schmidt, seconded by Councilman ‘Shaw and carried. 1975 BUDGET PRESENTED. 9 slight*.mil*sate ipcrease; and spoke of the need for additional fire fighters, Mr. Hyde presented the Budget for 1975,showing proposal of police and maintenance personnel. meeting at 4:OO on September 12, 1974, in the Conference Room was seconded by Councilman Shaw and’carried. Councilman Johnson’s motion setting a special ORNAMENTAL STREET LIGHTING‘ IMPROVEMENT L-9 ’APPROVED. the hearing on Ornamental Street Lighting Improvement P-L-9 had been continued Mr. Dunn recalled that from August 19, 1974. He advise’d that, since the last meeting, he has revised the estimates.of the system proposed at that time to slightly over $34,000, based on recent bids taken by other municipalities. This would call for an assessment of $388.54 per lot or .?3,7,7 per assessable foot. Mr. Dunn said that he had checked with the State Aid people at the District 5 Highway Department and found that lights at intersections could be paid for from State Aid funds, which would bring the assessment to approximately $200 per lot. He advised further that another alternative would be to use wooden poles with mast arms, a system that would be installed by Northern States Power Company at a cost to the City of $8,000, The orn’aiiiental: sysfeirr. wpuld be a post top mounted 20 foot light stand- ard, with the poles possibly to be made of reinforced concrete: Mr. .Dunn, then added that the cost to the City after installation of this type of post for maintenance and current would be $66.00 per unit per year, against the cost for the ornamental system of $36.60 per unit per year. Mr. Dunn clarified that, if per. lot, :phis .$hF’ extra. cost to the City of $500 per year for maintenance and current. Mr. Keith Young, Manager of Consumer Services from the Normandale Division of Northern States Power, said that the wiring to the poles would be underground and that the cost of $6,900 would be the difference in cost between the normal overhead lighting system and the proposed under ground system. Mr. Dunn advised an unidentified gentleman in the audience that there is no instdlation at the- present time to serve an underground lighting system, that has already been installed is for an.entirely different system, and that there would be additional digging for either type of system. Mr. Larry Jordon, 4308 Council expressing opposition to the project that may cause assessments to be levied on the property owners in the area, based*on the fact that adequate street lighting was present in the area and was,removed to allow the installa- tion of sidewalks. Mr. Richard M. Wagenman, 4201 W. 70th Street, and Mr. Glenn W. Hugo, 4444 197. 30th Street, spoke in favor of the wood poles and said that lights arenot needed every 300 feet. They felt that one light in the middle of the block and at intersections should be sufficient. They also expressed objections to any assessment for the lighting system, stating that they had been told that there would be no additional cost to property o~mers. ’Mr. Dunn said that the City.generally goes by national standards in installing street lights. Following considerable discussion, Codncilman Courtney said that, while he would like to se’e ornamental lights throughout Edina, he felt that the difference in cost should be considered. He then offered the following resolution and moved its adoption for approval of the Northern States Power Company plan for wooden poles at an estimated cost of $50.00 per lot: - J. * State Aid f,unds were used, the cost of the wooden poles would be about!-$50;00 He clarified that the duct W. 70th Street made reference to a petition which had been received by RESOLUTION ORDERING ORNAMENTAL STREET LIGHTIHG IMPROVEMENT NO. L-9 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed’to owners of each parcel within the area propobed to be assessed on the following proposed improvement : 1. CONSTRUCTION OF ORNAMENTAL ST~ET LIGHTING IMPROVEMENT IN THE FOLLCNING: 167. 70th Street from Highway 100 to France Ave. and at the hearing heid’ at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the con- struction of said improvement, except that Northern States Power Company’s wooden poles shall be installed at an estimated cost of $50.00 per lot, ‘includ- ing all proceedings which may be necessary in eminent.domain for the acquisition ‘of necessarjr easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated ‘and shall be referred to 9/9/74 in all subsequent proceedings as ORN&BNTAL LIGHTING 13PROVEEIENT NO. L-9; and the area proposed to be- specially assessed therefw shall include'lots 3.thru 6, Block 1, Smiley's Addition; Parcel 5400,Becfion 30, %hip 28, Range 24; Lot 1, Block2, Drehers 1st Addition; Lots 1 and 2, Block 1, Drehers 1st Addition Replat; Lots 15 thru 21, Block 6, and Lots 4 and 5, Block 5, TJood- hill; Residue of Lot 4, Block 5, Creston Hills; Lots 3 and 4, Block 1, Creston Hills Bach Rep1at;Lots 4 thru 6, Block 4, Creston Hills; Lots 8 thru 14, Block 5, Southdale 3rd Addition; Lots 30 thru 35, Block 4, and Lot 2, Block 8, Southdale 1st Addition; Lots B and C, R.L.S. 1365; Lot 3, Block 1, Replat of Lot 2 Southdale Office Park 1st Addition; Parcel 3235, Section 30, Tkhip 28 Range 24; R,L.S. 677; Lot 1, Block 1, Rearrangement of Lot 1, Block 2 Stow's Edgemoor-. Addition; Lot 2, Block 2, Lots 1 and 10, Block 3, Lots 1 and 9, Block 4, Stow's Edgemoor; Lot 4, Block 1, Stow's Delaney Addition McCoy Replat; Lots 1 thru 4, Block 1, Stow's Delaney Addition Delaney Replat; Pprcel 4010, Section 31, !&hip 28, Range 24; Parcel 3628, Section 31, T!sh.i;p28, Range 24; Lots 1 and 2, Block 1, Coulliard Addition; Lots 1 thru 3, Block 1, and Lot I, Block 2, South Gardeli Estates 2nd Addition; Lots 1 and 2, Block 1, Delaney Addition; Lots 1 thru 3, Block 1, and Lots 1 thru 4, Block 2, South Garden Estates; Parcel 4210, Section 31, "ship 28, Range 24; Lots 1 thru 4, Block I, Balthrops Addition; Lots 5 and 6, Block 1, Gavin's First Addition. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were fohr ayes and no nays and the resolution was adopted. ORDINANCE NO. 811-A56 ADOPTED ON SECOND READING. Mr. Luce presented Ordinance No. 811-A56 for Second Reading, advising that he had heard no objections since First Reading of the ordinance. No. 811-AS6 for Second Reading and moved its adoption as follows: I Councilman Courtney thereupon offered Ordinance ORDINANCE NO. 811-A56 II) 'AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDIhY; ROLUR SJCATING AR?3NAS AS A PERMITTED USE IN THE PLANNED INDUSTKWL DISTRICT (PID) AND PARKING REQTJIRE3ENTS TmREFOR THE CITY COUNCIL OF THE CITY OF EDINA, IIINNESOTA. ORDAINS: a. b. C. d. Section 1. Industrial District) of Ordinance No. 811 is hereby amended by adding thereto an additional permitted principal use as follows: Roller Skating arenas, provided that: Subparagraph (a) of paragraph 3-of Section 10 (Planned m 'I( 7) At least one entrance driveway to the site proposed for such use is within 350 feet of the center line of a street which is classified as a major arterial street; At least one boundary of the site proposed for such use adjoins a Commercial District or a Planned Commercial District, or is within 350 feet of the boundary of a full-access freeway inter- change ; Not more than. one-third of the average daily automobile traffic which is anticipated from the proposed use will be generated during the same hours, or parts of hours, as the automobile traffic peaks which then exist on the same collector streets or major arterial streets'to be used by the automobile traffic to be generated by the proposed use; and The gross floor area of the building for the principal use does 'not exceed 25,000 square feet. The determination as to whether a street is classified a major arterial street or a collector street shall be made as of the date a building per- mit is granted for the erection, strucrural alteration, or conversion of a building on the proposed site for such use." Sec. 2. "(7) Sec. 3. and publication. Motion for adoption of the ordinance was second rollcall there were four ayes and no n Subparagraph (d) of paragraph G of Section 10 (Planned Industrial' District) of Ordinance No. 811-is hereby arriended by adding thereto the following: Roller Skating Arenas.- One off-street parking space for each 400 square feet of gross floor area within the building." This ordinance shall be in full force and effectupon its passage mah Shaw and on ATTEST : ORDINANCE NO, 811-AS7 (PARTNERSHIP INVESTbENTS OF MINNESOTA.. INC.) CONTINUED. As recomended by Nr. Luce, Councilman Shawls motion was seconded by Council- 9/9/74 2'39% woman Schmidt and carried, continuing Second Reading of Ordinance No. 811-A57 (Partnership Investments of Minnesota, Inc.) to October 7, 1974. CALHOUN REALTY COMPANY SIGN VARIANCE DENIED. Mr. Luce recalled that the Calhoun Realty Company's appeal to Council from the Board of Appeals and Adjustments denial of its variance request had beenscontinued to this meeting from August 19, 1974, so that Mr. Gendreau of Calhoun Realty-and a representative of the company who installed the sign in violation of the ordinance could be in attendance. Mr. Lewis E. Lohman, attorney for Calhoun Realty Company, recalled the history of the sign under discussion and said that he had previously been under the impres- sion that Mr. Luce and Mr. Sand had made it very clear before the permit was granted that the sign must be set back ten feet from the street right-of-way and that, because the sign had not been installed at that location, they were in direct violation of the ordinance. Nr. Gendreau of Calhoun Realty and the sign company representative claim that no one had said anything to them abouf the ten foot setback until the month of May, four months after the sign was installed. He emphasized that the sign is importanr to Calhoun Realty's business from a point of exposure, as well as the cost involved in moving the sign. Mr. Lohman referred to the permit obtained by Calhoun Realty Company which stated that the sign should be erected 12 feet from the curb and said that is exactly where the sign is located in conformity with instructions of the Planning Department. to a statement on the permit calling for a ten foot setback from the property line and that the property line is 38 feet in front of the building and nine feet from the curb. had been misunderstood by his company and by the- sign company. Council the original application submitted by Calhoun Realty and explained that the original application contained a statement that the sign was to be 12 feet back from the curb of France Avenue, but that statement was made by the applicant and the permit contains notes which Mr. Luce made in black ink which specified that the sign should be ten feet from the property line and that the property line is 38 feet from the building and nine feet from the curb. Lohman contended that the sign is twelve feet from the curb and in conformity with all other signs in the neighborhood. ex2sts that was created by the Planning Department. Lawrence Signs , Inc., presented an order from Calhoun Realty Company, to which a sketch of the sign was attached along with notations indicating that the sign was to be sea back twelve feet from the curb. Mayor Van Valkenburg, Mr. Erickson said that the property line is the right-of- way line for purposes of this determination and that the right-of-way line is normally inside of the curb. He clarified that the permit says '"ten foot set- back from the property line" and that the property line is nine feet back from the curb.. Mr. Luce clarified that he had said that there are plans to widen France Ave. from W. 66th to V. 69th Streets.' Councilman Shaw noted that this sign is in line with other signs in the area. ments for the Office Building District and the Commercial District are differ- ent and that: other signs in the area had been erected before enactment of the ordindnce. Mr. Luce clarified that there is a street between the sign in question which is in the Office Building District, and signs in the Commercial District. the variance be denied for the reasons set out by the Board of' Appeals and Adjustments and principally because of the precedent that would be established, and suggested that the erector bear a portion of the cost of moving the sign. City Attorney Erickson pointed out that the ordinance contains four grounds for granting a variance and that the Board of Appeals and Adjustments had appalrently felt that the applicant had none of these grounds. grounds should be present for approval of a variance, the fact that an error might have been made would not be binding on a munici- pality. . He said that, under Minnesota lm, if the language of the ordinance is clear and the applicant for the sign acted contrary to it, he then acts at his own risk and peril. Councilman Courtney seconded the motion of Council- woman Schmidt, stating that while he is convinced that there was no deliberate attempt to violate the ordinance and while he sympathizes with Calhoun Realty, he believed that approval of the variance would set a precedent. On rollcall there were three ayes, with Councilman Shaw abstaining for reasons indicated in the Minutes of August 19, 1974, and the motion carried. Mayor Van Valken- burg pointed out that the reason for his vote was that he felt that approval of the variance would be setting a precedent and also because other similar requests in the same area had been denied. However, Mr. Luce further stated that both Mr. Lohman's attention was called Mr. Lohman contended that the permit was ambiguous and Mr. Luce showed Mr. He contended that an ambiguity Mr. Michael Gifford of In response to a question of He' pointed out that the require- Following considerable discussion, Councilwoman Schmidt moved that He said that all of the Mr. Erickson added that BID At7ARDED FOR VERNON AVENUE CURB CUTS AND SIDEWALK RBP CONSTRUCTION. Hyde presented tabulation of tQo bids received for curb cuts and sidewalk ramp lfr. on Vernon Avenue between Link Road and the Crosstown Highway.' Tabulation showed 9/9/74 Victor Carlson & Sons, Inc., low bidder at $7,820.10 and Arnold Beclcman, Inc., at $7,983.60. low bidder, Victor Carlson & Sons, Inc., was seconded by Councilwoman Schmidt and carried. J&BS W. JOHNSON COIPLAINT NOTED. letter from Mr. and Mrs. James I?. Johnson, 309 Madison Ave., complaining of the condition of dwellings in.the neighborhood, and particular19 bf the dwelling at 303 Madison Ave. Hr. Hyde read a report submitted by the City Sanitarian which indicated that there is nothing that the City can do legally to force -the owner of that property or others referred to in Mr. Johnson's letter, to keep their houses in better condition. Mr. Esse had indicated ihat the owner of 303 3fadi- son Ave. is in the hospital but that the house will be painted this fall. Efr. Hyde said that the Police Department has been unable to determine which Police Officer had tallced to the John'sons in regard to the situation. Mr. Hyde will direct the City Sanitarian to advise the Johnsons as to' the Council's findings. Councilman Courtney's motion awarding contract to recommended Mr. Hyde called Council's attention to a 1.7. 49TH STREET SIDEIJALK CONDITION REFERRED TO ELGINEERIXG DEPARTMEHT . Council' s attention was called to a letter from Ella G. Guilford, 3901 TJ. 49th Street, objecting to the condition of the sidewalk on" I?. 49th Street just Vest of France Ave. referring the matter to the Engineering Department for study and directing Mr. Dunn to advise >is. Guilford of the action. Councilman Shaw's motion was seconded by Councilman Courtney and carried, REBERS CONSTRUCTION OBJECTION TO SAC CHARGES NOTED. attention to a letter from Mr. S. Rebers, President of Rebers Construction Co., contending 'that Sewer Availability Charges are an unfair levy and requesting that Council do something to rectify "this most unfair charge". write to Mr. Reber and tell him that the Council shares his concern and is doing all possible to rectify the situation. HUKGER COMMITTEE THANKS EXPRESSED. Curry, Chairperson for the Hennepin County Committee of Hunger, thanking the City for its cooperation during the Emergency Food Shelves drive was accepted by motion of Councilwoman Schmidt, se'conded by Councilman Shaw and carried. Mr. Hyde called Council's Efr. Hyde will A letter of appreciation from lks. Marjorie . LOT 19, Auditor' because I AUDITOR'S SUBDIVISION 172 DIVISION APPROVED. s Subdivision 172 for division, noting that no public hearing is needed no buildable lot is being created. Following some discussion, Council- Mr. 'Luce presented Lot 19, man Shaw offered the following resolution and moved its adoption: RESOLUTION . I$HZREAS, the following described property is at present a single tract of land: The Easterly 175 feet of Lot: 19, Auditor's- Subdivision 172; and 17HEREX3, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") 'described as follows : The East 165 feet of Lot 19, Auditor's Subdivision Number 172, Hennepin County, Ennesota, TOGETHERwith an easement over the West 10 feet of the East 175 feet of said Lot; and .All that part of the Northeast 1/4 of the Southeast 1/4 df the Northeast 1/4 of Section 18, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Beginning at a point on the South line of said Northeast 1/4 of Southeast 1/4 of Northeast 1/4 of said Section 18, distant 195 feet Vest of the Southeast corner thereof; thence North parallel with the East line of said Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, 143 feet; thence West parallel with the South line of the Northeast 1f4 of the Southeast 1/4 of the Northeast 1/4 a distance of 60 feet; thence South parallel with the East line of said Northeasf 1/4 of the Southeast 1/4 of the Northeast 1/4 a'Idistance of 143 feet to the South- line thereof; thence East 60 feet to the point of beginning, including any part of any street or alley adjacent to said premises vacated or to be vacated; SUBJECT to the rights of the public in the South 20 feet taken for street; and SUBJECT to an easement over the Easterly ten feet for driveway and pass- ageway purposes; and I .. b I WIIEREAQ it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NO!], TFFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements andprovisions of Ordinance No. 801 and .. .. * parcel as separate tracts of land do not interfere with the purposes of the .- . - . , .. .. . . . . , 9/9/74 p. 0 Go a3 Gt3 w Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of thzs Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four aye's and no nays and the resolution was adopted. MIRROR LAKES PLAT NO. 3 PRELIMINARY PLAT HEARING DATE SET FOR OCTOBER 7, 1974, by motion of Councilman Shaw, seconded by Councilwoman Schmidt and carried. BOARD OF APPEALS AND ADJUSTMENTS ORDINANCE AMENDMENT HEARING DATE SET FOR OCTOBER 7, 1974, by motion of Councilman Shaw, seconded by Councilwoman Schmidt and carried. PLANNING COMMISSION OCTOBER MEETING DATE CHANGED. Council was advised for their %Ormation that the next Planning-Commission date has been 'changed to October 16; 1974. THE WINDINGS FINAL PLAT APPROVAL CONTINUED. As recommended by Mr. Luce, Council- man Shawls motion was seconded by Councilwoman Schmidt and carried, continuing final plat approval for The Windings to October 7, 1974. TRACY AVENUE SIDEWALK INFORMAL HEARING TO BE HELD SEPTEMBER 16, 1974. Mr. Dunn advised Council tfiat a new informal hearing on the Tracy Avenue sidewalk will be held on September 16, 1974. posed on the East 'side of Tracy Avenue from Hillside Road to Vernon Avenue as He advised that the sidewalk is now being pro- , recommended by the Countryside P.T.A. No action was taken. PURCHASE OF LOT 7, BLOCK 1, PARKWOOD KNOLLS 13th ADDITION DEFERRED. recalled that the suggestion of the extension of Camelback Drive thru the marshy bility study and that Mr. Lloyd Cherne'had requested that Lot 7, Block 1, Parkwood Knolls 13th Additi-on, on the corner of Camelback Drive and Biscayne Blvd., be purchased by the City to protect khe possibility of, extending Camel- back Drive South as an alternate exit from the Parkwood Knolls area. In response to a question of Councilman Courtney, Mr. Erickson explained that a requirement of HUD is that the City replace open-space land without cost to the Federal Government, by other open-space land of at least equal fair market value at the time of conversion, and of equivalent usefulness and location. He said that he believed that the City would.have to find another piece of land that would replace the land being given up and that the land might need to be replaced with land not presently in the City's possession. He recalled that the City has other land in the general area which was not acquired with HUD money and that that land might be acceptable to HUD. Mr. Erickson said that he was unsure which interpretation would be taken by HUD and that that informa- tion should be obtained before any Engineering study is made. that if HUD should waive the exchange requirement, the City should have a written waiver to that effect by a high source in that department. McClelland, 5717 Continental Drive, referred to Section 100 of the HUD Document which said that no land already publicly owned can be used for substitution purposes. HUD parcels obtained in 1971. will be to show the existence of an over-all urban plan which would cover all of Edina (and perhaps Minneapolis) and that.this is only a Western Edina traffic problem. Lake (Bredesen Park). down their rear property lines were Messrs. Harold Wahlquist, 5728 View Lane, Robert J. Schramm, 5800 View Lane, Robert I?. Amis, 5720 View Lane, and Allen Wolf, 5808 View Lane. These residents contended that the development of Mud Lake (Bredesen Park) will cause additional flooding in the marshy area of Walnut Park and that it would be unfeasible to construct the road as proposed by Mr. Cherne and would cause an unfavorable ecologicalaimpact. Cherne and Dr. Pearson would be the only residbnts gaining from this proposal and that they would then have traffic both in front and behind their property. Dr. William Chandler, 5713 Camelback Drive, objected that the road could not be built from a feasibility standpoint. Mr. Cherne showed an aerial map indicating his lot and the property of others in the area in relation to the proposed road. Mr. David Blair, 5717 View Lane, urged that Council make its decision to extend Camelback Drive as soon as possible to eliminate the traffic problem in the area. Following considerable discussion, Councilman Courtney's motion was Mr. Dunn *area of the park had been referred to the Engineering Department for a feasi- He recommended lrirs. Helen She contended that any road going thru the park would be going thru Mrs. McClelland said that the biggest problem She added that the only comprehensive plan in existence is for Mud Objecting to the proposal to extend Camelback Drive They said that Mr. /, 8 r* - 9/9/74 seconded by Councilman Shaw and carried deferring the purchase of Lot 7, Block 1, Parkwood Knolls 13th Addition, until ihe City Attorney has an oppor- tunity to check with HUD and until the Engineering Department has developed a feasibility study for the extension of Camelback Drive. that formal notices would be sent out to affected properties before any addi- tional action is taken, WESTERN EDINA BUILDING MORATORhl NON-EXISTENT. to the Minutes of August 6, 1973, referring to a recommendation of the Traffic Safety Committee of July 23, 1973, that "no further development of property be allowed in the area bounded by the North line of the garkwood Knolls Additions, the' East line of Lots 19 thru 27, Auditor's Subdivision 325, the North line of the S% of Section 30, Township 117,,Range 21, and the West line of Parkwood Knolls 15th Addition extended to the North until such time as the alignment for a road connecting the Parkwood Knolls area to the proposed interchange at County Road 18 and 7th Street has been determined, construction of sai'd road has been authorized by the Village Council and the right-of-way for said road has been acquired." Erickson said that he would not consider approval of any minutes of any Committee as Council action and that he does not consider that any moratorium exists. Mr. Luce said that the Planning Commission is now considering a request to subdivide a one lot plat on Schaefer Road and Interlachen Blvd. to create an additional buildable lot. Mr. Erickson recalled that one of the bases that Planning Commis- sion could deny a plat is that streets in the area are not adequate. son zecommended that Council.could accept the Traffic Safety Committee Minutes, but would havk to specifically authorize recommended action. Councilman Shaw's motion that the opinion of the City Attorney that no building moratorium exists be accepted was seconded by Councilman Courtney and carried. Residents were assured Council' s attention was called In respohse to a question of Mr. Hyde, City Attorney Mr, Erick- NORTHEAST EDINA 17ATER STUDY APPROVED. CourtnFy's motion was seconded by Councilman Shaw and carried, approving expend- iture n6t gotex$eedZ$10,000 for a study of water pressure in the Northeast Edina area, SaId study to be made by Banister Short Elliott Hendrickson & Associates, As" 2ecomended by Mr. Hyde, Councilman EDEN PRAIRIE STREET AND UTILITY AGREEMEN'EAPPROVED. Councilman Courtney offered the 'following resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that the Nayor and Manager be author- ized and directed to enter into the following two agreements with the City of Eden Prairie: 1. 2. As recommended by Mr. Dun, I RESOLUTION "Sanitary Sewer, Water and Storm Sewer Service Area and Administration AgreementJ', dated May 28, 1974 "Street and Storm Sewer Maintenance Agreement'?, dated May 28, 1974; 'and BE IT FURTHER RESOLVED that these *agreements be entered into with the understand- ing that money due and payable to the City of Edina by the City of Eden Prairie under the Sanitary Sewer Agrgement be reduced in the amount of $2,233.47 because the Metropolitan Sewer Board had billed the City of Eden Prairie for sewer ser- vices for the years 1971 and 1972. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. SOUTHDALE BCWL LICENSES CONTSNUED TO SEPTEMBER 16, 1974. Hyde, Councilman Shaw's motion was seconded by Councilwoman Schmidt and carried, continuing discussion on the Southdale Bowl licenses to September 16 ,* 1974. ASSOCIATION OF IETROPOLITAN MJJNICIPALITIES MENBERSHIP MEETING on September 11, 1974, was announced by Mr. Hyde. Councflman *(3onrf2iney,urged Council to attend the meeting. As recommended by Mr. No action was taken. NATIONAL LEAGUE OF CITIES SEMINAR &PORT GIVEN BY COUNCILMAN COURTNEY, Guncil- man Courtney reported on the National League of Cities Seminar on housing which he and Mr. Melina attended. apply to cities like Edina inasmuch as Edina does not have lm'~ income housing. He spoke of various funds that are available to municipalities of dgfferent sizes, Mr. Courtney said that the Housing Act doesn't and said that one city had obtained as much as $5,000,000. paying money into these funds and is getting little or no return and suggested that Edina check to see if'there is any chance of receiving grants similar to those being received' to so many other municipalities. that it appears that the cities who have &quested financial assistance before have first chance to request funds again. of the reasons why Edina has not taken part in such situations is that the'City has not wanted too much upper level governmental intervention in its affairs. He said that Edina is Councilman Courtney 'added Councilman Courtney recalled that one 9/9/74 . i Mr. Hyde pointed out .that before any application is made, the City has to draw a three year goals objective of community development and moderate and 10V7 income housing needs and that unless there are fairly good indications of receiving a grant, a great deal of time and money would be wasted. recalled that the City has received a grant for the Historical Park; however, Cgp&&man Courtney said that the only nay'.cities could qualify for bold-harmless hnder this program would be by having past experience with Model City and-Urban Renewal programs and that the City is .not, therefore, eligible. The City will continue to look into the matter. Councilwoman Schmidt VOTOMATIC VOTING DEVICES will be in use at Bloomington and in Hoplcins and Minne- .tonka for the, first time at the Primary Election. Mr. Hyde suggested that Council might want to visit these municipalities on Election Day to see the procedure with these devices. NORTHERN STATES POI?ZR FRANCHISE DISCUSSED. he had received from the Suburban Rate Authoritv which had statkd that the HRA Mr. Hyde referred to a letter which - board members feel that they should be in a position to appear and participate in gas rate proceedings before the Public Service Commission. The SRA board also expressed its desire to explore what the SRA's role should be in connection with electric franchises and electric rate regulations. in the letter that some fo& of franchise can be agreed upon which will serve the member communities and the consumers in the best possible way. Mr. Dalen said that Northern States Power Company is working with SRA in the development of the franchise. No formal -action was taken. Hope was expressed ROBERT GISSELBECK APPEAL OF BOARD OF APPEALS AND ADJUSTMENTS DECISION HEARING DATE SET. and carried, setting September 16, 1974, for the appeal of Mr. Robert G. Gis- selbeclc's appeal of the Board of Appeals and Adjustments decision on the variance of Mr. Robert DeBrey for his property at 4502 Browndale Ave. ROOFING AND SIDIhG PERMITS'CONTIMUED TO SEPTEPBER 18, 1974. Mr. Hyde, consideration of roofing and siding permit issuance by the Building Department was continued to September 16, 1974. Councilwoman Schmidt's motion was seconded by Councilman Courtney As recommended by ANIMAL HUMANE SOCIETY REQUEST FOR FUNDS DEhTED. was seconded by Councilman Shaw and carried, denying the Animal Human Society's request for funds for the reason that when a previous request was made, the Society had not responded to Councills request for additional informatibn. APPOINTMENT OF YOUTH MEMBER TO ENVIRONMENTAL QUALITY COMMISSION CONTINUED to September 16, 1974, by motion of Councilman Courtney, seconded by Councilwoman Schmidt and carried; Councilman Courtney's motion PRIMARY ELECTION CANVASSING BOARD APPOINTED. Councilman Shaw's motion was seconded by Councilman Courtney and carried, appointing Messrs. 17. Ralph Hines, Samuel Mobley, Thomas Melina and H. Austin Tucker to serve on the Canvassing Board for the Primary Election of September lo,' 1974. . As recommended by the City Clerk, EDINA BICENTENNIAL COMMISSION MEMBERS APPROVED. As recommended by Mr. Raymond Bechtle, Chairman of the Edina Bicentennial Commission, the following were appointed to serve on the E'dina Bicentennial Commission along with the twelve approved by Council on August 5, 1974, bringing the total membership to twenty: Mmes. Dorothy Conner, Betsy Kuntz, Adeline Lindboe, Mary Ness, the Reverend Benjamin Larson, Blessrs. William E. Bitter, David Dietrich and Leigh Wakefield. SOUTH HUMAN SERVICES COUNCIL STATEMENT OF PURPOSE AND GOALS PRESENTED. a Statement of Purpose recently adopted- by the Council. Councilwoman Schmidt clarified a question of Councilman Courtney relative to the policy making role .of the Council. No action was taken. Mr. Hyde . presented a letter from the South Hennepin Human Services Council setting forth . I MINNEHAHA CREEK WATERSHED DISTRICT HEARING NOTED. attention to a Notice of Public Hearing to be held by the Minnehaha Creek Vater- shed District ,in the matter of the petition of the Cities of Minneapolis, Edina, St. Louis Park, Hopkins and Minnetonlca and the Minneapolis Fark Board for a Basic SJater and Land Management Improvement Project for Minnehaha Creek. ;A member of the staff will represent the City. Mr. Hyde called Council's REVENUE SHARING CONFERENCE TO BE ATTENDED BY CITY MANAGER. Councilman Shaw's motion was seconded by Councilwoman Schmidt and carried, authorizing the City Manager to attend a Revenue Sharing Conference sponsored by the National I 244 9/9$74 Association of Counties from September 22 thru 24, 1974. 56TH AND XERXES AVENUE STOP SIGNS INSTALTXD. because of the intervenfion of Nayor Van Vallcenburg, a &7ay STOP sign has now Mr. Hyde adised Council that, been installed at the intersection of Xerxes Avenue and 11. 56th Street, thus saving the City approximately $2l,2!30 as its share of the cost of signals. POINT OF FRANCE DEVELOPNENTS DISCUSSED. grading and filling of the Point of France p,roperty began last week, he had received a number of calls objecting to the fact that the pond is being filled. He advised that in order to construct the island in the pond, the dirt had to be filled in and the channel around the island cut at a later time. Nr. €&de said that there has not been any violation of any permits and that the Department of Natural Resources and the Nine Mile Creek Watershed District would work with the City to determine if any violations develop. Mr. Hyde advised Council that since QRBINANCE NO. 1001-A2 ADOPTED. man.Courtney offered the following ordinance for First Reading with waiver of Second Reading and moved its adoption: As recomended by City Attorney Erickson, Council- ORDINANCE NO. 1001-A2 TO REFEECT CERTAIN AMENDMENTS, RENUMBERING, AND REPEAL OF THOSE PROVISIONS OF AN ORDINANCE &ENDING ORDINANCE NO. 1001 MINNESOTA STATUTES PREVIOUSLY ADOPTED THE CITY COUNCIL OF THE CITY OF-EDINA, MU"NSOTA, ORDAINS: . hereby amended by deleting, therefrom reference to "Minnesota Statutes, Chapter 609'' and inserting in lieu thereof "1973 Minnesota. Statutes, Chapter, GO9 .'I , , See. 2. Section' 3 of Ordinance No. 1001 is hereby amended so as to .pro- vide as follows: Section 1. The first paragraph of Section 2 of Ordinance No. 1001is ~ "Sec. 3. Other Conduct or Acts Forbidden. The following sections of 1973 Minnesota Statutes defining certain crimes are hereby incorpor- ated herein by reference to the same extent as if fully set forth herein, and each of the crimes defined therein is hereby declared to constitute a misdemeanor, as follows: Section 629.403 - refusing to make arrest or to aid officer. Section 624.65 - itinerant carnivals. Section 31.602 - sale of unwholesome poultry or game. Section 145.36 - exposing person with contagious disease. SecEBsn' 35.82:- -diSpositifon .ah*.carcasses. Section 151.33 - careless distribution of drugs. Section 145.35 - common drinking cup in public places. Section 617.23 - indecent exposure. Section 617.241 - obscene literature. Section 362.241 - false statement i'n advertising. Section 239.53 - using.false weights and measures. Section 327.07 and 327.08 - obtaining food, lodging or other accommodations without payment, with intent to defraud. Section 346.21 - overworking or mistreating animals. Section 3GG.29 - aiding or abetting animals in fighting. Section 346.26 - selling diseased animals, or allowing them to Section 333.135 - improper use of insignia. Section 624.20 through 624.25 - prohibition on sale and use of I run at large. fireworks. I* Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. on.rollcal1 there were four ayes and n ATTEST : RECONVEYAXE OF LCE 5, BLOCK 1, 'NEST MINNEAPOLIS HEIGHTS APPROVED. . -Upon being advised by Mr. Dunn that the City has no need for Lot 5, Block 1, West Minneapolis Heights, Councilman Courtney offered the following resolution and moved its adoption : BE IT RESOLVED BY THE EDINA CITY COUNCIL that the City Attorney be authorized and directed to file "Reconveyance of Tax Forfeited Land" for the following RESOLUTION .- Z. ? 9/9/74 245 described property: Lot 5, Block 1, Nest Minneapolis Heights Motion. for adoption of.-the resolution was seconded by Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. LIQUOR FUND AS OF JULY 31, 1974, was preqented by Mr. Dalen, approved and ordered placed on file by motion of Councilman Shaw, seconded by Councilwoman Schmidt. PURCHASE OF BAND UNIFORMS AUTHORIZED FOR JOHN PHILLIP SOUSA BAND. Mr. Hyde presented tabulation of two bids received for period costumes for the John Philip Sousa Memorial Band. Councilman Courtney's motion was seconded by Councilwoman Schmidt and carried awarding bid to Veda Hyde of the Guthrie Theatre at $35.00 . per uniform ($1,260.00). High bid of $41.75 per uniform ($1,503.00-for 36 uniforms) was submitted by Sutherland Corporation. CLASS 5 GRAVEL AUTHORIZED FOR BREDESEN PARK BIKE PATHS. three quotations for 714 yards, 1,000 tons of Class V Granular delivered and spread for Bredesen Park Bike Path showing A and B Aggregate at $2.17 per ton, Bill Pearson Sand and Gravel at $2.20 per ton and Riegger Roadways at $2.35 per ton. Councilman Sha~7's motion was seconded by Councilman Courtney and carried for award of bid to recommended low bidper, A and B Aggregate at $2.17. Mr. Hyde presented TRAFFIC SAFETY COIDETTEE IXCNUTES A(TCX.OD DETERMINED. motion was seconded by Councilman Shaw and carried that in the future, Traffic Safety Committee Minutes be accepted and that if any specific action is needed, that action should be specifically authori,z.ed. CLAIMS PAID. and carried for payment of the following claims : Construction Fund, $12,466.22; Park Funds, $50,627.07; Water Fund, $14,171.66; Liquor Fund, $57,626.34; Sewer Fund, $44,443.77; Total, $252,267-88. Councilman Courtney's Motion of Councilman Courtney was seconded by Councilwoman Schmidt General Fund, $72,932.52; No further business appearing , Councilman Courtney' s motion for adjournment' was seconded by Councilman Shaw and carried. AdjournmenF .at 10.05. r c